from california mr. waxman is recognized for five minutes. >> thank you mr. chairman. i find this hearing amazing because what we need to do is to work together to solve a problem and make sure it will never happen again. instead what i hear from my republican colleagues is they want to prosecute the director of the food and drug administration. did she know this? what actions did she take? it sounds like massachusetts has a lot to be apologetic about. isn't that a fair statement dr. smith? >> yes, you are right. >> the question is did fda failed to do things they should have done? well, it sounds like you could have done more. the fda as an institution could do more in the first time they wrote the letter was 2006 saying that this company seemed to be out of control. and then they didn't do anything after that. i have a feeling dock or sublike you are being picked on because you are part of the obama administration and republicans have been picking on obama for four years. usually their mantra goes, jobs -- job pastoring regulation. lead industry police itself and we don't w